If I had an agreement to pay my landlord by a certain time but now he refusing to come pick up the money, can he evict me?

Asked on October 31, 2011 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have an agreement to pay the landlord by a certain time or date, that agreement is enforceable: as long as you pay on time, you can't be evicted. The landlord can't refuse, legally, to pick up the money.

A good way to deal with this situation is to take the initiative: send the money to the landlord in some way that you can prove that it was delivered, and when. For example, using federal express next day delivery and keeping the tracking number; using a messenger or courier service that provides a receipt; going to the landlord's office and putting the money in a drop box, if you bring other people with you to testify as to what you did (so it doesn't come down to just your word); etc. Always pay in some way you can also prove that the landlord got the money--e.g. check or money order, so you can prove when its cashed. Never pay cash if you can help it, and then only if you get a receipt at the time to pay the money.


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